Agenda item

Report of Director of Partnerships, Planning and Policy (enclosed)

Planning permission granted subject to conditions and a Section 106 Legal Agreement.

Application No:          11/00290/REMMAJ/1

Proposal:                   Section 73 application to vary conditions 6 (boundary treatments), 7 (Code for Sustainable Homes), and 16 (approved plans) attached to planning approval 10/00866/FEMMAJ

Location:                    Sagar House, Langton Brow, Eccleston, Chorley

Decision:

 

It was proposed by Councillor Dennis Edgerley, seconded by Councillor David Dickinson and subsequently unanimously RESOLVED – To grant planning permission subject to a Section 106 Agreement, the following conditions and to delegate to officers in consultation with the Chair and Vice Chair to agree the wording of Conditions Seven.

 

1.         The proposed development must be begun not later than two years from the date of planning approval reference 10/00866/REMMAJ (17January 2011).

          Reason: Required to be imposed by Section 92 of the Town and Country Planning Act 1990 as amended by Section 51 of the Planning and Compulsory Purchase Act 2004.   

 

2.         Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995 or any Order amending or revoking and re-enacting that Order, no other windows than shown on the approved plans shall be implemented on Plots 3, 40, 41, 42, 43, 44, 45, 67, 68 69, 70 unless otherwise agreed in writing by the Local Planning Authority.

          Reason: To protect the amenity of the existing residents and in accordance with saved Policy HS4 of the Adopted Chorley Local Plan Review.

 

3.         The development hereby permitted shall only be carried out in conformity with the approved ground and building slab levels as discharged as part of application 11/00291/DIS.

          Reason:  To protect the appearance of the locality, in the interests of the amenities of local residents and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

 

4.         The development hereby permitted shall be carried out in accordance with the approved details of the fences and walls to be erected as discharged by application 11/00291/DIS. No dwelling shall be occupied until all fences and walls shown in the approved details to bound its plot have been erected in conformity with the approved details. Other fences and walls shown in the approved details shall have been erected in conformity with the approved details prior to substantial completion of the development.

    Reason: To ensure a visually satisfactory form of development, to provide reasonable standards of privacy to residents and in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

 

5.      Within 3 months of this planning approval or prior to the construction of plots 40-45 and 67-70 (whichever is the earliest) all details for the boundary treatment that bounds the properties between those on 7-11 (odds) Shelly Drive and the proposed development and the boundary of the rear of those properties on Langton Brow (southern edge) shall be formally submitted, as a discharge of condition application, to the Local Planning Authority. This shall include providing details of the level of the fence in relation to the existing ground level and full details of the consultation with neighbours and copies of any exchanges of correspondence in this regard. The Local Planning Authority will then consult with residents on the discharge of condition application and if there are objections then the discharge application should be referred to the Chair and Vice Chair of the Development Control Committee for a decision about reference to committee. The agreed scheme shall be maintained at all times to the satisfaction of the Local Planning Authority.

          Reason: To protect the amenities of the neighbouring properties and in accordance with saved policies GN5 and HS4 of the Adopted Chorley Local Plan Review.

 

6.      No phase or sub-phase of the development shall begin until details of a ‘Design Stage’ assessment and related certification have been submitted to and approved in writing by the Local Planning Authority. The development shall be carried out entirely in accordance with the approved assessment and certification.

          Reason: To ensure the development is in accordance with Government advice contained in Planning Policy Statement: Planning and Climate Change-Supplement to Planning Policy Statement 1 and in accordance with Policy SR1 of Chorley Borough Council’s Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document.

 

7.      No dwelling shall be occupied until a letter of assurance, detailing how the dwelling in question will meet the necessary code level, has been issued, to the Local Planning Authority, by an approved code assessor. The development thereafter shall be completed in accordance with the approved measures for achieving the required code level. Within 6 months of completion of that dwelling a Final Code Certificate shall be submitted to and approved in writing by the Local Planning Authority.

          Reason: To ensure the development is in accordance with Government advice contained in Planning Policy Statement: Planning and Climate Change-Supplement to Planning Policy Statement 1 and in accordance with Policy SR1 of Chorley Borough Council’s Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document.

 

8.         Prior to the commencement of the development full details of the on-site measures to reduce the carbon emissions of the development (related to predicted energy use) by 30% (Code for Sustainable Homes Level 3 plus 5%) shall be submitted to and approved in writing by the Local Planning Authority. The development thereafter shall be completed in accordance with the approved details

          Reason: To ensure the development is in accordance with Government advice contained in Planning Policy Statement: Planning and Climate Change-Supplement to Planning Policy Statement 1 and in accordance with Policy SR1 of Chorley Borough Council’s Adopted Sustainable Resources Development Plan Document and Sustainable Resources Supplementary Planning Document.

 

9.         All planting, seeding or turfing comprised in the approved details of landscaping shall be carried out in the first planting and seeding seasons following the occupation of any buildings or the completion of the development, whichever is the sooner, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size and species, unless the Local Planning Authority gives written consent to any variation.

          Reason:  In the interest of the appearance of the locality and in accordance with Policy No GN5 of the Adopted Chorley Borough Local Plan Review.

 

10.    The development hereby permitted shall be carried out in accordance with the approved external facing materials as discharged by application 11/00291/DIS.

          Reason: To ensure that the materials used are visually appropriate to the locality and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan

 

11.    The development hereby permitted shall be carried out in accordance with the approved hard ground- surfacing materials as discharged by application 11/00291/DIS.

          Reason: To ensure a satisfactory form of development in the interest of the visual amenity of the area and in accordance with Policy Nos. GN5 and HS4 of the Adopted Chorley Borough Local Plan Review.

 

12.    Surface water must drain separate from the foul and no surface water will be permitted to discharge to the foul sewerage system.

          Reason: To secure proper drainage and in accordance with Policy Nos. EP17 of the Adopted Chorley Borough Local Plan Review.

 

13.    The development hereby permitted shall be completed in accordance with the approved surface water drainage arrangements.  No part of the development shall be occupied until the approved surface water drainage arrangements have been fully implemented.

          Reason: To secure proper drainage and to prevent flooding and in accordance with Policy Nos. EP18 of the Adopted Chorley Borough Local Plan Review and Government advice contained in PPS25: Development and Flood Risk.

 

14.    No dwelling shall be occupied until works for the drainage/disposal of foul water from the development have been completed in accordance with the approved plans.

          Reason: To ensure proper drainage of the development and in accordance with Policy No. EP17 of the Adopted Chorley Borough Local Plan Review.

 

15.    The details as outlined in the ‘The Former Sagar House Site, Langton Brow, Eccleston: Outline/Summary Mitigation Method Statement-ultimately to support an application for a licence under Regulation 44(2)(e) in respect of Great Crested Newts Triturus cristanus’ (ERAP Ltd October 2010) shall be implemented and any changes required by Natural England at the European Protected Species licensing stage, shall be implemented accordingly.

          Reason: To ensure the continued protection and enhancement of Great Crested Newts in accordance with PPS9 and saved Policy EP4 of the Adopted Chorley Borough Local Plan Review.

 

16.    Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 1995, (Schedule 2, Part 1, Classes A to E), or any Order amending or revoking and re-enacting that Order, no alterations or extensions shall be undertaken to the dwelling(s) hereby permitted, or any garage, shed or other outbuilding erected (other than those expressly authorised by this permission), without prior written consent from the Local Planning Authority.

          Reason: To protect the appearance of the locality and in accordance with Policy No. HS4 of the Adopted Chorley Borough Local Plan Review.

 

17.    The approved plans are:

          Plan Ref.                Received On:                 Title:

          406/0S01                28 September 2010      Existing Ordnance Survey

                                                                                     Plan (Site edged in red)

          SDL 1763/1            28 September 2010      Existing Topographical

                                                                                     Survey

          406/ED01 Rev J   30 March 2011               Engineering Layout

          406/PL01 Rev E   30 March 2011               Planning Layout

          406/PL02 Rev C   14 April 2011                   Materials Layout

          406/PL03 Rev B   30 March 2011               Storey Heights Layout

          406/PL04 Rev B   30 March 2011               Boundary Treatments

                                                                                     Layout

          406/PL06 Rev A   30 March 2011               Boundary Treatments

                                                                                     Layout (Colour)

          406/PL05 Rev B   30 March 2011               Refuse Strategy Layout

          C-715 01 Rev A    30 March 2011               Landscape Proposals

                                                                                     Sheet 1 of 2

          C-715 02 Rev A    30 March 2011               Landscape Proposals

                                                                                     Sheet 2 of 2

          406/T/Saw/01        28 September 2010      House Type Dwg-

                                                                                     Severn/Washington

          406/T/Was/01        28 September 2010      House Type Dwg-

                                                                                     Washington

          406/T/Pal/01          28 September 2010      House Type Dwg-

                                                                                     Palmerston (End Terraced)

          406/T/Pal/02          28 September 2010      House Type Dwg-

                                                                                     Palmerston

                                                                                     (Semi/Terraced)

          406/T/M1/01           28 September 2010      House Type Dwg-M1

                                                                                     Bungalow

          406/T/M2/01           28 September 2010      House Type Dwg-M2

                                                                                     Bungalow

          406/T/Rip/02          28 September 2010      House Type Dwg-Ripley

          406/T/Asc/01         28 September 2010      House Type Dwg-Ascot

          406/T/Will/01          28 September 2010      House Type Dwg-Willerby

          406/T/Bra/01          28 September 2010      House Type Dwg-Braemar

          2010/YOR/A/01     15 November 2010       York House Type

          2010/FAR/A/01      15 November 2010       Farringdon House Type

          2010/HAR/A/01     15 November 2010       Harborough House Type

          2010/WAR/A/01    15 November 2010       Warwick House Type

          2010/STR/A/01      15 November 2010       Stratford House Type (1of2)

          2010/STR/A/02      15 November 2010       Stratford House Type (2of2)

          406/SS01               28 September 2010      Proposed Street Scenes

          406/SS02               28 September 2010      Proposed Site Sections

          406/G01                  28 September 2010      Single Garage Details

          406/G02                  28 September 2010      Twin Garage Details

          406/G03                  28 September 2010      Double Garage Details

          406/G04                  28 September 2010      Triple Garage Details

          406/WF01               28 September 2010      Wall and Fence Details.  

          Reason:  To define the permission and in the interests of the proper development of the site.

 

18.    The development hereby permitted shall be completed in accordance with the approved Neighbour Consultation Document as discharged as part of application 11/00291/DIS.

          Reason: To ensure that the existing residents are kept fully aware of the progress of the development.